Webster Town Board
May 4, 2023
A regular meeting of the Webster Town Board was called to order by Supervisor Flaherty at
7:30 p.m. at the Webster Town Board Meeting Room, 1002 Ridge Road, Webster, New York,
with the following officials present:
Supervisor ................................................................................ Thomas J. Flaherty
Councilman .............................................................................. William G. Abbott
Councilman .......................................................................................John J. Cahill
Councilwoman .......................................................................... Patricia T. Cataldi
Councilwoman ........................................................................... Ginny L. Nguyen
Town Attorney ........................................................................... Charles J. Genese
Town Clerk ........................................................................... Dorothy M. Maguire
Department Heads Present
Finance Director.................................................................................. Paul Adams
Town Engineer ..............................................................................Mary Herington
Supervisor Flaherty led the Pledge of Allegiance to the Flag.
***
Supervisor Flaherty announced he was moving Agenda Item No. 10, the potential Resolution to
take a Pledge to register with the New York State Department of Environmental Conservation
(NYSDEC) as a Climate Smart Community. He stated that Mary Herington, Town Engineer,
provided the Town Board with a presentation on the matter at last week’s Town Board
Workshop Meeting, which was a follow up to a presentation made last year on May 12, 2022 and
a vote on June 16, 2022. The proposed Resolution to become registered as a Climate Smart
Community did not pass in June 2022 as the Town Board needed more information. During last
week’s presentation, favorable comments were made by Town Board members to proceed with
registering but not certifying to become a Climate Smart Community.
Councilwoman Cataldi read aloud a written communication she received from Steve Gaudios,
Webster Resident. He stated the following:
I want to express warm thanks and appreciation for the excellent presentation on the opportunity
afforded the Town of Webster by adopting the CSC pledge. Kudos to Mary Herrington and the
several department heads who worked to put together a comprehensive objective fact-based
document for consideration by the Board. I look forward to the Board's favorable vote on the
Resolution at the May 4th meeting.
Mary Herrington, Town Engineer, was asked to summarize the difference between registering
and certifying as a Climate Smart Community. She stated registering is just adopting the concept
behind the program which exemplifies a lot of things that the Town is already doing with their
capital projects and operations. The Town is completing a lot of projects that have Climate
Smart Initiatives within them. Pledging to register does not require any commitment or cost to
the Town. It does provide more opportunity for receiving grant funds. Certifying requires
tracking and includes different levels of certification identified as bronze, silver and gold.
Councilman Cahill suggested that the Town Board not consider Agenda Item No. 10 until after
the meeting is open to the floor for public comment. Councilman Abbott agreed.
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After some discussion, the Town Board considered the following Resolution.
Resolution No. 159: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
table taking the Pledge to register with the New York State Department of Environmental
Conservation (NYSDEC) as a Climate Smart Community.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
The meeting was open to the floor.
Tim Chatterton stated he is the owner of the Rec Zone and has been told his lease at the Webster
Recreation Center will not be renewed. He is wondering if the Town Board has been notified of
this information and if they would entertain a vote to renew his lease. He feels he offers a great
and affordable food service to the community.
Supervisor Flaherty stated that the lease had expired and there are no plans to lease the area to
anyone as the space is being refitted for another purpose.
Jen Fonseca, Michele Anderson, Joe Uhal, Brenda
Lincoln and David Boncaro. They are not in favor of the Town Board taking the Pledge to
register with NYSDEC as a Climate Smart Community and expressed their concerns.
Ronald Nesbitt, Webster Resident, appeared before the Town Board to share several concerns.
Those concerns included the lack of paramedics attending to patients on ambulance calls being
provided by NorthEast Quadrant Advanced Life Support/Webster Emergency Medical Service
(NEQALS/WEMS); the New York State Department of Health’s removal of two WEMS
ambulances from service due to violations; personally being denied NEQALS/WEMS financial
records and the lack of Town Board authorization for execution of agreements by the Town
Supervisor. He is also concerned about the amount of money the Town has bonded for capital
projects and feels it will cost the taxpayers an additional $300.00 a year.
***
Resolution No. 160: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
approve the April 13, 2023 Town Board Workshop Minutes as submitted by the Town Clerk.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 161: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to
approve the April 20, 2023 Town Board Meeting Minutes as submitted by the Town Clerk.
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05-04-23
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Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 162: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
approve the April 27, 2023 Town Board Workshop Minutes as submitted by the Town Clerk.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 163: MOTION by Councilwoman Cataldi, seconded by Councilwoman
Nguyen, to approve the bills as submitted in Warrant #0523 by the Director of Finance.
Fund
Inside
Outside
Total
General (A,B) CL #6265-6454
46,102.40
236,995.92
283,098.32
Highway (C,D)
25,756.01
80,177.99
105,934.00
Sewer (G)
35,023.86
44,471.00
79,494.86
Library (L)
6,868.49
15,417.95
22,286.44
Drainage Districts (M)
7,109.35
7,109.35
Park Districts (P)
0.00
59.88
59.88
Special Districts (N,Q,S)
0.00
2,385.46
2,385.46
Trust & Agency (T/A,TP,XM,XD)
0.00
216,751.31
216,751.31
Debt Service
0.00
8,813.18
8,813.18
Capital Projects (H) #41-50
H213 SB Waterfront Park Design
202,962.75
0.00
202,962.75
H220 WWTP Improvement
80,629.43
155.00
80,784.43
H223 Lake Rd WE Drain MO.56
22,135.00
0.00
22,135.00
H224 Sandbar Shore Protect MO.59
185,801.00
0.00
185,801.00
H226 Lake Rd Pump Station MO.65
12,613.65
0.00
12,613.65
H230 Sandbar Flood Wall MO.78
79,629.00
0.00
79,629.00
H231 WWTP Upgrade Phase II
810,200.00
0.00
810,200.00
H232 Highway Garage Building
87,450.00
440.00
87,890.00
TOTAL
1,595,171.59
612,777.04 2,207,948.63
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 164: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
approve the prepaid vouchers included in Warrant #0523 by the Director of Finance in the
amount of $612,777.04. [Included in the summary of vouchers approved in Resolution #163]
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05-04-23
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Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 165: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
approve purchase orders as submitted by the Director of Finance.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 166: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to
approve 2023 Budget Transfers as presented by the Director of Finance.
Budget Expenditure Transfer Journal Entry #2
Effective Date 05/05/2023
Line
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
104
Account Code
A1220.20011
A1220.40000
A1220.40001
A1310.20011
A1310.40032
A1325.20011
A1325.40043
A1325.40067
A1355.40041
A1355.20011
A1355.40031
A1355.40027
A1910.40070
A1990.40091
A3120.40104
A3120.40138
A3129.20050
A9015.80000
A3640.40166
A5010.20011
A5010.20058
A6772.20000
A1990.40091
A7020.20011
A7020.20063
A7020.20076
A7020.40067
A7020.40754
Department
Supervisor
Supervisor
Supervisor
Director of Finance
Director of Finance
Technology Admin & Maint
Technology Admin & Maint
Technology Admin & Maint
Assessment
Assessment
Assessment
Assessment
Insurance
Contingency
Law Enforcement
Law Enforcement
Crime Proceeds
Police
Special Police
Highway Superintendent
Highway Superintendent
Program for Aging
Contingency
Recreation
Recreation
Recreation
Recreation
Recreation
Previous
700.00
2,000.00
750.00
2,750.00
5,100.00
49,480.00
0.00
28,500.00
0.00
5,900.00
0.00
50,000.00
330,000.00
170,000.00
150.00
4,000.00
0.00
900,000.00
0.00
5,000.00
1,000.00
0.00
170,000.00
4,400.00
4,500.00
23,000.00
19,200.00
75,000.00
Changed
2,014.00
(1,800.00)
(214.00)
115.00
(115.00)
7,470.00
90.00
(7,560.00)
4,376.00
404.00
2,925.00
(7,705.00)
31,525.00
(31,525.00)
30.00
(30.00)
29,707.00
(32,007.00)
2,300.00
251.00
(251.00)
47,829.00
(47,829.00)
248.00
1,727.00
700.00
19.00
(2,694.00)
Amended
2,714.00
200.00
536.00
2,865.00
4,985.00
56,950.00
90.00
20,940.00
4,376.00
6,304.00
2,925.00
42,295.00
361,525.00
138,475.00
180.00
3,970.00
29,707.00
867,993.00
2,300.00
5,251.00
749.00
47,829.00
122,171.00
4,648.00
6,227.00
23,700.00
19,219.00
72,306.00
05-04-23
Webster Town Board
Line Account Code
Department
Previous
Changed
29. A7110.20063
Park Department
33,253.85
10,000.00
30. A1990.40091
Contingency
170,000.00
(10,000.00)
31. A7020.10090
Recreation
28,145.00
(28,145.00)
32. A7020.10043
Recreation
0.00
28,145.00
33. Left Blank Intentionally
34. Left Blank Intentionally
35. Left Blank Intentionally
36. B1490.40318
Public Works
0.00
6,935.00
37. B1490.40752
Public Works
21,000.00
(4,000.00)
38. B1490.40754
Public Works
30,000.00
(2,935.00)
39. B3630.20011
Building Department
2,800.00
547.00
40. B3620.40023
Building Department
500.00
5,700.00
41. B9030.80010
Social Security
68,000.00
(6,247.00)
42. D5148.10138
Services for Other Govt’s
0.00
10.00
43. D5148.10140
Services for Other Govt’s
195,000.00
(10.00)
44. D9950.90100
Transfer to Capital
0.00
7,584.00
45. D9040.80016
Workers Compensation
70,000.00
(7,584.00)
46. G8120.20085
Sanitary Sewer
15,500.00
9,500.00
47. G1990.40091
Contingency
40,000.00
(9,500.00)
48. G8120.40354
Sanitary Sewer
24,500.00
20,000.00
49. G1990.40091
Contingency
40,000.00
(20,000.00)
50. A9785.60110
Installment Loan Oblig
35,177.00
28,801.00
51. A1325.20011
Technology Admin & Maint 49,480.00
(28,801.00)
52. G8130.40402
Sewage Treatment/Disposal
3,500.00
857.00
53. G8130.40411
Sewage Treatment/Disposal
500.00
60.00
54. G8130.40414
Sewage Treatment/Disposal
5,000.00
20.00
55. G8130.40754
Sewage Treatment/Disposal 138,000.00
(937.00)
56. L7410.40529
Library
0.00
4,600.00
57. L7410.40530
Library
110,000.00
(4,600.00)
58. L9050.80018
Unemployment Insurance
0.00
500.00
59. L9950.90100
Transfer to Capital Fund
0.00
27,366.00
60. L9010.80000
Employees
85,000.00
(20,000.00)
61. L9030.80010
Social Security
96,000.00
(3,000.00)
62. L9060.12000
Hospitalization
16,000.00
(2,866.00)
63. L9060.80022
Hospitalization
100,000.00
(2,000.00)
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Amended
43,253.85
160,000.00
0.00
28,145.00
6,935.00
17,000.00
27,065.00
3,347.00
6,200.00
61,753.00
10.00
194,990.00
7,584.00
62,416.00
25,000.00
30,500.00
44,500.00
20,000.00
63,978.00
20,679.00
4,357.00
560.00
5,020.00
137,063.00
4,600.00
105,400.00
500.00
27,366.00
65,000.00
93,000.00
13,134.00
98,000.00
Resolution No. 167: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
approve 2022 Budget Amendments as presented by the Director of Finance.
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05-04-23
Webster Town Board
Budget Amendments Journal Entry #227
Effective Date 12/31/2022
Line
1.
2.
3.
4. Account Code
B110.01120
B430.04089
B9901.90000
B9950.90100
Department
Previous
Changed
Real Property Taxes
(1,073,250.00) 282,000.00
Fed. Emer. Disaster Asst. (1,868,000.00) 1,868,000.00
Transfer to Other Funds
350,000.00
350,000.00
Transfer to Capital Funds 1,800,000.00 1,800,000.00
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Amended
(791,250.00)
0.00
0.00
0.00
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 168: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
approve 2023 Budget Amendments as presented by the Director of Finance.
Budget Amendments Journal Entry #3
Effective Date 05/05/2023
Line Account Code Department
Previous
Changed
Amended
1. A9950.90100
Transfer to Capital Fund
0.00
125,000.00
125,000.00
2. A599.40092
Appropriated Fund Balance (663,000.00) (125,000.00) (788,000.00)
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 169: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to
table the approval of a Fill Permit for 550 Drumm Road.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 170: MOTION by Councilman Cahill, seconded by Councilwoman Cataldi, to
table the award of the Webster Courthouse Drywall and Finishing Project Bid.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
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Webster Town Board
Resolution No. 171: MOTION by Councilwoman Cataldi, seconded by Councilman Cahill, to
award the Tennis and Pickleball Renovation Project Bid and authorize the Town Supervisor to
execute an Agreement.
WHEREAS, on April 12, 2023 bids were advertised in the Webster Herald for replacement and
installation of fencing, gates, sleeves and posts for the Tennis and Pickleball Courts located at
First Responders Park, 1350 Chiyoda Drive, Webster; and
WHEREAS, on April 27, 2023 at 11:05 a.m. two (2) sealed bids were publicly opened and read
aloud by the Town Clerk; and
WHEREAS, the following bids were received:
ACIA Construction LLC
$31,600.00
New York State Fence, Inc. $47,350.00
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Webster awards the Tennis and Pickleball Court Fencing Project to ACIA
Construction LLC, 2652 Ridge Road, Ontario, New York in the amount of Thirty-One Thousand
Six Hundred Dollars ($31,600.00) and to authorize the Town Supervisor to execute an
Agreement.
[Agreement to be filed in the Town Clerk’s Office]
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 172: MOTION by Supervisor Flaherty, seconded by Councilwoman Cataldi, to
call for a Public Hearing to consider an addition to the Consolidated Sanitary Sewer District,
specifically the Linda Lane Extension.
WHEREAS, Ronald and Sharon Gentle, Donna Marquardt, Bernard Marquardt and Denise
Doser, Florence Flammia, Jeffrey and Sarah Paradiso, Judy Beh-Conrose, the owners of certain
parcels of land in an affected portion of Linda Lane in the Town of Webster, known as 1, 5, 9,
and 11 Linda Lane, 780 Holt Road, 1130 Orchard Road, Orchard Road (vacant), are desirous of
extending sanitary sewer to their property, such parcels also identified as Tax ID Number
079.08-1-1, 079.08-1-3, 079.08-1-2, 064.20-2-50, 079.08-1-1.11, 079.08-1.1.12, 079.08-1-1.13;
and
WHEREAS, total costs for this extension to the existing sewer district is estimated not to exceed
$270,662.00; and
WHEREAS, once these parcels are added to the district it will also be added to the Consolidated
Sanitary Sewer District and will be charged a capital fee (currently $58.44 annually), and once
connected an operation and maintenance fee (currently $173.53 annually). A one-time entrance
fee (currently $1,000.00) will be charged at the time of connection; and
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Webster Town Board
WHEREAS, the owners of the affected parcels to be added will grant easements to the Town of
Webster for the construction of said sanitary sewer improvements, which easements will be
recorded and shown on a map to be prepared for the Town of Webster Consolidated Sanitary
Sewer District; and
WHEREAS, the total estimated cost of adding this parcel to the Consolidated Sanitary Sewer
District will be paid for by the residents whose property will be benefitted thereby; and
WHEREAS, if approved, the addition of this parcel and residence to the Linda Lane Extension to
the Consolidated Sanitary Sewer District will result in the revision of the map, plan and report of
that Extension and District:
NOW, THEREFORE, BE IT RESOLVED:
1. A Public Hearing shall be conducted at a meeting of the Town Board of the Town of Webster
to be held at the Town Board Meeting Room, 1002 Ridge Road, in the Town of Webster on
Thursday, June 1, 2023, at 7:30 p.m. to consider this addition to the Consolidated Sanitary
Sewer District, and to hear all persons on the subject thereof, and for such other action on the
Town Board with relation to such sanitary sewer construction as may be further required by
law.
2. The Town Clerk shall give notice of such Public Hearing by publishing in the official
newspaper of the Town of Webster a copy of this Resolution and by posting a copy thereof
on the Town Clerk’s Bulletin Board and the Town’s Website not less than ten (10) nor more
than twenty (20) days before such Public Hearing.
3. All necessary Environmental Assessment forms to comply with the requirements of the New
York State Environmental Quality Review Act shall be prepared and submitted to the Town
Board.
4. The environmental significance of the proposed additional sanitary sewer construction to the
Linda Lane extension herein referred is to be reviewed by the Town Board incident to and as
part of the Public Hearing.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 173: MOTION by Supervisor Flaherty, seconded by Councilman Abbott, to
declare the following item as a transfer from the Sewer Department to the Parks and Recreation
Department:
1996 Ford Backhoe, Asset Tag #03929
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Webster Town Board
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 174: MOTION by Supervisor Flaherty, seconded by Councilwoman Nguyen, to
declare the following items for recycling by the Town Clerk’s Office:
Xerox Phaser Printer Copier, Asset Tag #3221
HP Printer, Asset Tag #3286
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
Resolution No. 175: MOTION by Councilwoman Cataldi, seconded by Councilman Abbott, to
authorize the Supervisor to sign a Lease Agreement between the Town of Webster and the
Webster Volunteer Fire Department, for the property owned by the Department, located between
Sanford Street and Ebner Drive and at no cost to either party.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
At 8:36 p.m. Supervisor Flaherty called for an Executive Session.
Resolution No. 176: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
enter into Executive Session pursuant to New York State Public Officer’s Law §105(1)(f) to
discuss the financial, credit and employment history of a particular person or corporation.
WHEREAS, New York State Public Officers Law provides that the Town of Board may enter
into Executive Session to discuss certain subjects or matters:
NOW, THEREFORE, BE IT RESOLVED:
That the Town Board enter into an Executive Session pursuant to New York State Public
Officer’s Law §105(1)(f) to discuss the financial, credit and employment history of a particular
person or corporation.
That the following persons were authorized to attend: Charles Genese, Town Attorney and
Paul Adams, Finance Director.
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Webster Town Board
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Cahill ..............Aye
Councilwoman Nguyen ......Aye
Councilman Abbott .......... Aye
Councilwoman Cataldi ..... Aye
Motion carried .................. 5-0
***
Resolution No. 177: MOTION by Supervisor Flaherty, seconded by Councilman Cahill, to
return to Regular Session at 9:07 p.m.
Vote on motion:
Supervisor Flaherty .............Aye
Councilman Abbott .......... Aye
Councilman Cahill ..............Aye
Councilwoman Cataldi ..... Aye
Councilwoman Nguyen ......Aye
Motion carried .................. 5-0
***
There being no further business to come before the Board, the meeting was adjourned at
9:07 p.m.
___________________________
Dorothy M. Maguire, Town Clerk
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05-04-23